Do victims of torture and other serious human rights violations have an independent and enforceable right to reparation?

Echeverria, Gabriela

doi:10.1080/13642987.2012.685315

Cited by 6 publications

(2 citation statements)

References 9 publications

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“…It could do so by highlighting the broad recognition of individuals within this field of law. This development could support an interpretation that would look favourably upon recognising claims of individuals, as it supports the argument that 154 [t]here is a set of fundamental rights that protect individuals in times of peace and war. When these substantive rights are breached, victims have a right to reparation by virtue of the applicable human rights conventions and CIL.…”

Section: The Intermediary Role Of Human Rightsmentioning

confidence: 55%

In Search of Humanity: The Moral and Legal Discrepancy in the Redress of Violations in International Humanitarian Law

Put

2023

Isr. law rev.

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Both international humanitarian law (IHL) and international human rights law (IHRL) make extensive references to humanity. Yet the role attributed to humanity differs between the two. Humanity is seen in IHRL as the source of the rights, whereas in IHL it is interpreted as a moral obligation to avoid harm. This article challenges this perspective. Relying upon contemporary interpretations of IHL, it will be argued that, in a moral sense, IHL matches up closely with IHRL. Crucial here is that humanity, rather than reflect a utilitarian perspective to avoid harm, is worded in stronger terms. To reflect this accurately, it is argued that IHL is best seen as a reflection of TM Scanlon's contractualism as opposed to utilitarian reasoning. Relying upon the similarities in moral reasoning visible in both bodies of law, the article argues that this should also be reflected when it comes to redress for violations. In a concrete sense, the argument here is that this also presents a moral requirement to recognise individual claims within IHL. To give legal effect to this moral demand, it is suggested that IHRL might play a role in bridging the gap between the moral and legal considerations in IHL.

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Section: The Intermediary Role Of Human Rightsmentioning

confidence: 55%

In Search of Humanity: The Moral and Legal Discrepancy in the Redress of Violations in International Humanitarian Law

Put

2023

Isr. law rev.

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“…Finally, it could possibly promote – on a larger level – the social mobilization of populations and concrete measures of governments against torture. 16 …”

Section: Introductionmentioning

confidence: 99%

Economic burden of torture for a refugee host country: development of a model and presentation of a country case study

Mpinga

Frey²,

Chastonay

2014

CEOR

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BackgroundTorture is an important social and political problem worldwide that affects millions of people. Many host countries give victims of torture the status of refugee and take care of them as far as basic needs; health care, professional reinsertion, and education. Little is known about the costs of torture. However, this knowledge could serve as an additional argument for the prevention and social mobilization to fight against torture and to provide a powerful basis of advocacy for rehabilitation programs and judiciary claims.ObjectivesDevelopment of a model for estimating the economic costs of torture and applying the model to a specific country.MethodsThe estimation of the possible prevalence of victims of torture was based on a review of the literature. The identification of the socioeconomic factors to be considered was done by analogy with various health problems. The estimation of the loss of the productivity and of the economic burden of disease related to torture was done through the human capital approach and the component technique analysis.Case studyThe model was applied to the situation in Switzerland of estimated torture victims Switzerland is confronted with.ResultsWhen applied to the case study, the direct costs – such as housing, food, and clothing – represent roughly 130 million Swiss francs (CHF) per year; whereas, health care costs amount to 16 million CHF per year, and the costs related to education of young people to 34 million CHF per year. Indirect costs, namely those costs related to the loss of the productivity of direct survivors of torture, have been estimated to one-third of 1 billion CHF per year. This jumps to 10,073,419,200 CHF in the loss of productivity if one would consider 30 years of loss per survivor.ConclusionOur study shows that a rough estimation of the costs related to torture is possible with some prerequisites, such as access to social and economic indicators at the country level.

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Conclusion

Grover

2013

The Torture of Children During Armed Conflicts

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Do victims of torture and other serious human rights violations have an independent and enforceable right to reparation?

Cited by 6 publications

References 9 publications

In Search of Humanity: The Moral and Legal Discrepancy in the Redress of Violations in International Humanitarian Law

In Search of Humanity: The Moral and Legal Discrepancy in the Redress of Violations in International Humanitarian Law

Economic burden of torture for a refugee host country: development of a model and presentation of a country case study

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